Vietti v. Nesbitt
Nevada Supreme Court
Appeal from judgment and order overruling motion for new trial, from District Court, Lincoln county; Q. F. Talbot, District Judge. The facts sufficiently appear in the opinion. This was an action in assumpsit in the nature of an action for money had and received.
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Appeal from judgment and order overruling motion for new trial, from District Court, Lincoln county; Q. F. Talbot, District Judge. The facts sufficiently appear in the opinion. This was an action in assumpsit in the nature of an action for money had and received. The defendant demurred to plaintiff’s complaint on the grounds that it stated no cause of action, and was ambiguous, etc., and urged that the complaint showed that plaintiff’s remedy, if he had any, was in equity for an accounting, and that an action at law could not be maintained. The court overruled the demurrer, the defendants…
1Opinion of the Court
By the Court,
Bigelow, C. J.:
The Jim Crow mine, owned by a number of persons, was held by the plaintiff under what the complaint designates a lease, and ivas producing ore. While the lease was in force, the defendants purchased a half interest in the mine. The defendants were also the owners of a quartz mill. In October, 1893, Avhile this state of facts existed, a contract or agreement Avas entered into by all the parties in interest, whereby the defendants were to haul the ore so produced to their mill and there reduce it to bullion, they to account for 85 per cent of the assay value of the…
2Cases cited7 opinions
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- Wright v. RoseberryCalifornia Supreme Court · 1889
- Sherwood v. SissaNevada Supreme Court · 1870
- Hudepohl v. Liberty Hill Consolidated Mining & Water Co.California Supreme Court · 1889
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- Chenoweth v. EarhartArizona Supreme Court · 1912
- Del Gaizo Distributing Corp. v. GallagherSuperior Court of Pennsylvania · 1936
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